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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 10
PROSTITUTION
Section 351. Lien.
352. Recovery of premises.
353. Permission of owner or lessee.
354. Rules of evidence.
355. Title of action or proceeding
and parties.
356. Jurisdiction and procedure.
357. Judgment.
358. Sale of premises.
359. Receivership.
360. Cancellation of notice of
pendency of action.
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Sec. 351. Lien.
A multiple dwelling shall be subject to a penalty of one thousand
dollars if it or any part of it shall be used as a house of
prostitution or assignation with the permission of the owner, and
such penalty shall be a lien upon the dwelling and lot upon which
it is situated.
Sec. 352. Recovery of premises.
If a multiple dwelling, or any part thereof, shall be used as a
house of prostitution or assignation with the permission of the
lessee or his agent, the lease shall be terminable at the
election of the lessor, and the owner shall be entitled to
recover possession of said premises by summary proceedings.
Sec. 353. Permission of owner or lessee.
A multiple dwelling shall be deemed to have been used for the
purposes specified in the last two sections with the permission
of the owner, agent or lessee thereof in the following cases:
1. If summary proceedings for the removal of the tenants of
such dwelling or of so much thereof as is unlawfully used,
shall not have been commenced within five days after notice
of such unlawful use has been served by the department in
the manner prescribed by article nine of this chapter for
the service of notices and orders; or having been commenced,
are not in good faith diligently prosecuted to final
determination.
2. If there be two or more convictions in such dwelling within
a period of six months, under sections 230.00, 230.25, or
230.40 of the penal law.
Sec. 354. Rules of evidence.
In any action to establish a lien or in any action or proceeding
for a fine, penalty or other punishment for a violation of any of
the provisions of this, article, proof of the ill-repute or the
ill-fame of the premises which are the subject-matter of the
action or proceeding or of the inmates thereof, or of those
resorting thereto, shall constitute presumptive evidence that
such use was with the permission of the owner, agent or lessee.
The certificate of the department that the building was intended,
arranged or designed to be occupied as a dwelling shall be
presumptive evidence of the fact that it is so occupied.
Sec. 355. Title of action or proceeding and parties.
Any action or proceeding referred to in this article shall be
brought against the premises as defendant. Such premises may be
described in the title of the action or proceeding by their
street number or by any other method sufficiently precise to
secure identification and shall be described in the complaint.
The plaintiff, except as hereinafter provided, shall be the
department. In case the department shall not institute any action
or proceeding within ten days after receiving a written request
to do so from any taxpayer in the city, then such taxpayer may
institute and maintain such action or proceeding against the
premises in his own name, and the court may, in its discretion,
require from him security for costs.
Sec. 356. Jurisdiction and procedure.
Any action or proceeding referred to in this article shall be
brought in the supreme court, county court or other court of
competent jurisdiction in the county in which the premises are
situated. At or before the commencement of the action or
proceeding the complaint shall be filed in the office of the
clerk of the county, together with a notice of the pendency of
the action or proceeding, containing the names of the parties,
the object of the action or proceeding and a brief description of
the premises affected thereby. Said notice shall be recorded
immediately by the clerk. The owner or lessee, or both, of said
premises may appear in such action or proceeding and answer or
move with respect to the complaint, and the subsequent procedure
shall be the same as in other actions or proceedings brought to
establish a lien or encumbrance upon real property. Such action
or proceeding shall be entitled to a preference in the trial or
hearing thereof.
Sec. 357. Judgment.
The judgment in such action or proceeding, if in favor of the
plaintiff, shall establish the penalty sued for as a lien upon
such premises, subject only to taxes, assessments, water rates,
mortgages and mechanics' liens as may exist thereon prior to the
filing of the notice of pendency of the action or proceeding.
Sec. 358. Sale of premises.
At any time after the entry of any judgment establishing a lien
upon such premises the department, if there be no stay pending
appeal, may apply to the court for leave to sell such premises.
Upon such application the court may order such premises sold at
public auction, subject to taxes, assessments, water rates,
mortgages and mechanics' liens. The deed to the purchaser shall
be made by the department. The justices of the appellate division
of the supreme court of any judicial department may establish
rules of practice which shall be followed by the department
charged with the enforcement of this chapter in the conduct of
such sales in such judicial department.
Sec. 359. Receivership.
Whenever the lien or liens established by judgment pursuant to
this article shall amount to one thousand dollars or more, and
there be no stay pending appeal, the department shall appoint a
receiver of the rents and profits of such premises. Such receiver
shall give security for the performance of his duties in the
manner and form fixed by the department. He shall have the powers
and duties of a receiver of rents and profits of real estate
appointed by the supreme court; provided, that the corporation
counsel shall act as his counsel and the receiver shall not be
allowed any expenditure for counsel fees, and his commissions
shall be ten per centum of his collections, which sum shall be
full compensation for his services and those of any agent or
agents whom he may employ. Such receivership shall continue until
the amount of such liens with interest thereon at the rate of six
per centum, and of the commissions, have been fully paid;
provided, that nothing in this section shall be construed to
prevent any prior lienor from applying to the court in a proper
case for a receiver of the premises.
Sec. 360. Cancellation of notice of pendency of action.
If an action or proceeding to establish a lien upon such premises
terminates otherwise than in a judgment establishing such a lien,
or if the judgment be fully paid, such notice of pendency of
action or proceeding may be canceled. Prior to the termination of
such action or proceeding the notice may be canceled by giving an
undertaking.
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